Statutes Amendment (Serious Vehicle and Vessel Offences) Bill – Second Reading speech
Thursday 6 July 2023
S.E. ANDREWS (Gibson) (15:58): I rise to speak in support of the Statutes Amendment (Serious Vehicle and Vessel Offences) Bill. It is tragic that a bill like this must come before our parliament due to a small number of members of our community who put themselves before the safety of the rest of our community by driving so carelessly. This bill delivers on a commitment made by our Premier to introduce legislation in the wake of the tragic death of Sophia Naismith. I would like to acknowledge in the gallery today the friends and family of Sophia and thank you for seeing your advocacy through to its completion. I would also like to acknowledge how difficult it must be to hear these words so often, but know that you have been listened to.
Fifteen-year-old Sophia Naismith was a state volleyballer and a student at Brighton Secondary School in my electorate of Gibson. She was a good student, had a bright future ahead of her and was loved by many. More than 2,000 people attended a public celebration of her life. However, her future was extinguished in an instant by the driver of a Lamborghini in sports mode when he lost control of the vehicle and struck Sophia and her friend, Jordyn, who was seriously injured.
The driver of the vehicle proceeded to trial, where he was found not guilty of the offences of dangerous driving causing death and dangerous driving causing serious harm. He instead pleaded guilty to the lesser offence of aggravated driving without due care causing death and received a suspended prison sentence, an 18-month good behaviour bond and a community service order—an unacceptable result and something that we as legislators cannot allow to occur again.
Since this trial outcome, Sophia Naismith's family have advocated for law reform so that such a tragedy can be prevented from happening to any other family. I thank them for their advocacy and seeing this change happen. The state government has answered that call and has now introduced this legislation that will introduce a new driving offence in the Criminal Law Consolidation Act 1935 to bridge the gap between maximum penalties for existing offences. The bill creates a new indictable offence of causing death or serious harm by careless use of a vehicle or vessel in the Criminal Law Consolidation Act.
The new offence raises penalties for driving without due care, where a person dies or is seriously harmed, from 12 months' imprisonment to five years' imprisonment for a basic offence and seven years' imprisonment for an aggravated offence. It also raises the minimum licence disqualification period, from six months to one year, for a basic offence and three years for an aggravated offence. These changes increase the available penalties where there is driving conduct causing death or serious harm that does not meet the high threshold of dangerous driving. These changes will hopefully make potential offenders think twice before driving without due care.
This bill additionally bans the disabling of traction control in ultra high-powered vehicles and strengthens laws that ban drivers accused of killing a person from holding a licence until their case is resolved and, additionally, extends on-the-spot licence suspensions/disqualifications to other serious driving offences in the Criminal Law Consolidation Act where death or harm is caused.
The state government will also introduce a new licensing scheme for ultra high-powered vehicles, which is being progressed separately from this bill, as it will involve changes to regulations. This bill amends the Motor Vehicles Act 1959 to support the introduction of the licence class through regulations. The amendment will ensure that a new class of licence for ultra high-powered vehicles, when ready, can be implemented effectively.
I personally do not see the need to drive an ultra high-powered vehicle on any public road, especially when we have facilities in South Australia such as The Bend Motorsport Park. However, if South Australians do intend to drive these vehicles on our streets, then it must be done in a safe way, fully understanding the power of the vehicle and the additional responsibility associated with such a vehicle.
Sophia's friend Jordyn told the trial that she and Sophia had spent time at her house, a fast-food restaurant, on the tram and at Glenelg that night before deciding to walk to catch the bus to another friend's house. These girls were being responsible and enjoying a day not unfamiliar to thousands of South Australian young people, spending time with their friends and sharing moments together away from school and sport.
As has been announced in our recent budget, we will invest nearly $100 million on a new road safety package to tackle South Australia's high road toll. This will include targeted road safety initiatives on rural roads, including audio tactile line marking, safety barriers and rural junction activated warning system signage, as we know that, tragically, two in three deaths on country roads are country people.
There will also be new mobile speed cameras, the replacement of fixed speed and red-light cameras with newer technology, additional mobile phone detection cameras to deter dangerous behaviour and funding to deliver the motorcycle Rider Safe reform program, which focuses on awareness, judgement and decision-making. Finally, $494,000 will be allocated to implement the new licensing scheme for ultra high-powered vehicles.
The fatal five are speeding, drink or drug driving, failure to wear a seatbelt, driver fatigue, and distraction. These are all fully within our control. We decide whether or not to speed. We can decide to leave the car at home and not drive under the influence. We can decide whether or not to wear a seatbelt or drive when we are tired. We can decide whether to watch the road or get distracted. While you might make these decisions for yourself, you have no right to decide whether another person lives or dies as a result of your actions. Road safety is everybody's responsibility. I commend this bill to the house.
